October 12,. 1971
Hon. Thomas J. Pufdom Opinion No. M-972
County Attorney
Lubbock County Courthouse Re : Constitutionality of
Lubbock ,, Texas 79401 H. B. 384, Acts of the
62nd Leg., R.S. 1971,
Dear Mi. Purdom: Ch. 622, p. 2019.
Your request for an opinion asks the following
question:
“Do the title and the text of H.B. 384
of~the 62nd Legislature Regular Session,con-
form to the requirements of Section 35, Article
III of the Constitution of Texas?”
Section 35 of Article III, Constitution of Texas, pro-
vides :
“No bill, (except general appropriation
bills, which may embrace the various subjects
and accounts, ‘for an on account of which moneys
are appropriated) ,shall contain more than one
subject, which shall be expressed in its title.
But if any subject, shall be embraced in ,an act,
which shall not be expressed in the title, such
act shall be void only as to so much thereof,
as shall not be so expressed.”
It is settled law that Section 35 of Article III, Con-
stitution of Texas, should be given a liberal construction.
If’ the caption or title is general, provisions of the Act
are valid if they are germane or reasonably related to the
subject stated in the title. Board of Water Engineers v.
City of San Antonio, 283 S.W.2d 722 (Tex.Sup. 1955); State
v. The, Praetorlans, 186’S.W.Zd 973 (Tex.Sup. 1945); Fmer
V. State, 439 S.W.,Zd 656 ‘(Tex.Sup; 1969), and Smith v. Davis,.
426 S.W.Zd 827 (Tex..Sup. 1968).
.I,n Smith v. Davis, supra., the rule is succinctly stated
as foll,ows :
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Hon. Thomas J. Purdom, page 2 (M-972)
“The purpose of a title is to give a
general statement of, and call attention to,
the subject matter of an act, so that the
legislators may be apprised of the’subject
of the legislation. With amendatory bills,
it .is settled that reference to the act or
section to be amended is adequate, as long
as the subject matter of the amendment is
germane or reasonably related to the con-
tent of the orig.inal act. Schlicting v,.
Texas State Board of Medical Examiners, 158
Tex. 279, 310 S.W:Zd 557 (1958); Shannon v.
Rogers, 159 Tex. 29, 314 S.W.2d 810 ~(1958);
English 8 Scottish-American Mortgage and
Investment Co. v. Hardy, 93 Tex. 289, .55 S.W.
169 (1900) .I’
The title to House Bill 384 states:
“An Act r.elating to the compensation,
expenses, and al,lowances of certain officers
and employees paid wholly from county funds;
and declaring an emergency.”
~Section 1 of House Bill 384 provides that the Commis-
sioners Court of each~county.shall fix the amount of compen-
sation, office expenses, travel expenses, and all other allow
antes for county and precinct officials and employees who
are paid wholly from’ county funds.
All the provisions of House Bill 384 relate to the com-
pens,ation, expenses, and allowances
Therefore of officers and employees
covered by the Act. the provisions are germane
to the subject stated in the title and are therefore valid.
SUMMARY
The provisions of House Bill 384,
Acts of the 62nd Legislature, Regular
Session,, 1971, ‘Ch. 622, p. 2019 (codified
in Vernon’s as Article 3912k, Vernon’s
C~ivil Statutes,) relating to the compensa-
tion, expenses ‘and allowances of certain
officers and employees paid wholly from
county funds are germane to the subject
stated in the title to House Bill 384.
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Hon. Thomas J. Purdom, page 3 (M-972)
Therefore, Section 35 of Article III, Con-
stitution of Texas, has be,en complied with.
ey General of Texas
Prepared by John Reeves
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Houghton Brownlee
Bob Flowers
John Grace
James Broadhurst,
J. C. Davis
SAM MCDANIEL
Acting Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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